SAJAN Vs. STATE OF MAHARASHTRA
LAWS(SC)-2020-3-57
SUPREME COURT OF INDIA
Decided on March 17,2020

SAJAN Appellant
VERSUS
STATE OF MAHARASHTRA Respondents





Cited Judgements :-

SHIVAKUMAR VS. SPL LAND ACQUISITION OFFICER AND ASSISTANT COMMISSIONER GADAG [LAWS(KAR)-2021-6-22] [REFERRED TO]


JUDGEMENT

R.BANUMATHI,J. - (1.)Leave granted.
(2.)These appeals have been filed by the appellants assailing the impugned judgment and final order dated 21.08.2017 passed by the High Court of Judicature at Bombay Bench at Aurangabad in First Appeal No.601 of 1997 along with Cross Objection St. No.22145 of 1997 in the First Appeal in and by which the High Court partly allowed the appeal and inter-alia reduced the compensation for the land by giving 40% deduction towards development cost.
(3.)The facts giving rise to these appeals are that land in Gat No.85 at village Mhasekota, Tehsil Soyegaon, District Aurangabad admeasuring 6 acres (2.40 hectares) owned by the partnership firm of the appellant and respondents No.2 and 3 was proposed for acquisition for the purpose of construction of Hiwra Dam project by the office of the Executive Engineer, Jalgaon Medium Project Division. Accordingly, on 29.03.1982, the Special Land Acquisition Officer issued notification under Section 4 of the Land Acquisition Act, 1984 (for short, "Land Acquisition Act") and on 03.11.1983, notification under Section 6 was published. Out of this acquired land, land admeasuring 0.80 hectares was non-agricultural land used for running the Sugar Mill by the partnership firm and the remaining was cultivable land.
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